ABSTRACT: This article critically analyzes the current system of United States
merger enforcement, under which both federal and State antitrust
enforcers scrutinizes and potentially can challenge any merger that
affects interstate commerce. This article develops and proposes an
alternative, a voluntary division of responsibility patterned after the
European Union's approach. Under this alternative federal enforcers
normally would defer to State enforcers for certain specified mergers,
and State enforcers normally would defer to federal enforcers for other
specified mergers.